Builder denying to give possession
pravin
(Querist) 16 April 2014
This query is : Resolved
I had purchased flat in pune and made agreement on Aug 2011 and as per agreement expected date of possession is Feb 2014(30 months after agreement)
but still i am not getting possession, I had paid required all amount to builder. So please suggest me what action i will take for same, can i ask him to pay
me current Rent still possession?
In agreemtn mention the below clause.
In case, the Owner fails or neglects to deliver possession of the sais unit to the purchaseer in accordance with the terms of this agreement or any
further date or dates agreed to by the parties, or on account of reasons beyond its control, is unable to give possession of the unit by the date specified
or further agreed date and a period of three months thereafter, or a further period of three months if those reasons still exists, as contemplated
under section 8 of maharashtra ownership flats act 1963, then in any such case the owner shall be liable on demad to refund the amounts already received
by it in respec of the said unit with simple interest at 9% per annum.
Advocate. Arunagiri
(Expert) 16 April 2014
If there is no specific clause for paying the rent, you can not demand it.
At the same time, you can demand compensation which is equivalent to your rent and more.
Dr J C Vashista
(Expert) 17 April 2014
Produce your agreement to local lawyer to peruse and advise you properly, prima faice, no penalty clause existed and noting can be demanded.
However, issue legal notice to builder.
Guest
(Expert) 17 April 2014
You can claim only refund, as per the agreement that too after May 2014 or even further wait of three months or even still further three months if the builder pretends reasons to be the not under his control. In fct the terms of agreement are quite uncertain and vague, as you described.
But, you have not stated, what correspondence, if any, you have made so far with the builder about handing over of possession and whay is his response to that?
ajay sethi
(Expert) 17 April 2014
generally in case of all projects there is some delay or other . obtaining approvals take time. ask builder to compensate you for delay in delivery of possession .
terms of agreement entered by you with builder has to considered . as per clause reproduced by you you are entitled to only refund at 9%interest .
this is not in your interest as prices of flat must have appreciated in the locality
Rajendra K Goyal
(Expert) 17 April 2014
Send legal notice to builder for handing over the premises or to compensate. Consult local lawyer and show him all the documents.
T. Kalaiselvan, Advocate
(Expert) 17 April 2014
As advised by experts, a legal action starting from a legal notice and further legal process will be the solution. Contact a local advocate and process the case accordingly.
